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March 24, 2004
as posted in 5 daily Maine newspapers

NOTICE OF STATE RULE-MAKING

Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 118, Regulations Governing the Licensing and Functioning of Intermediate Care Facilities for Persons with Mental Retardation
PROPOSED RULE NUMBER: 2004-P74
CONCISE SUMMARY: The addition of the proposed Ch. 5.D.11, Client Protections - Mandated Reporting of Sentinel Events, will reflect a new law enacted and funded as of November 21, 2003. Sec. 1.22 MRSA Ch. 1684 requires a process for a mandated reporting system for medical errors and events injurious to patients. It will also reflect the new mandated reporting system for medical errors and events injurious to patients in Intermediate Care Facilities for Persons with Mental Retardation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Public Law, Sec. 1. 22 MRSA Ch. 1684, 8751-8756
DATE(S)/PLACE(S) OF HEARING(S): Monday, April 12, 2004, 1:30 p.m., Room 1A, Bureau of Medical Services, 442 Civic Center Dr., 11 State House Station, Augusta, ME 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency contact person listed below before April 5, 2004.
DEADLINE FOR COMMENTS: April 22, 2004
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 442 Civic Center Dr., 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9300
FAX: (207) 287-9304
TTY: (207) 287-9312 (Deaf/Hard of Hearing)


AGENCY: 10-148 - Department of Human Services, Community Services Center
RULE TITLE OR SUBJECT: Ch. 36, Rules for the Licensing of Nursery Schools (replacing: Rules for Approval of Operating a Nursery School or a Registered Home Baby-Sitting Service)
PROPOSED RULE NUMBER: 2004-P75
CONCISE SUMMARY: The proposed rules establish standards for the safe operation of nursery schools. This includes rules regarding licensing requirements and procedures, record keeping, staffing requirements, staff training and qualifications, immunization and environmental safety.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 22, Ch. 1661, Sections 7701, 7702-A, 7703, .Ch. 1663, Section 7801, 7802, 7804,7805, 7806, Ch. 1673, Sections 8301-A, 8303-A, 8304-A, Title 22, Ch. 1675, Sections 8401, 8402 and 8403.
PUBLIC HEARINGS:
April 14, 2004, 2:00 p.m., 442 Civic Center Drive, Augusta, ME
April 15, 2004, 2:00 p.m. Jewett Auditorium, Southern Maine Community College, Fort Road South, Portland, ME
April 16, 2004, 2:00 p.m., Schoodic Hall - Matthew Auditorium, Eastern Maine Community College, 354 Hogan Road, Bangor, ME
DEADLINE FOR COMMENTS: April 30, 2004
AGENCY CONTACT PERSON: Robert Steinberg
AGENCY NAME: Community Services Center
ADDRESS: 221 State Street, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 287-5060
TTD: (207) 624-5048


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 137, Emission Statements, and Ch. 100, Definitions
PROPOSED RULE NUMBER: 2004-P76
CONCISE SUMMARY: The Department is proposing to amend Ch. 137, Emission Statements, which establishes requirements for sources to report air emissions from their facilities. The proposed amendments clarify the rule and require facilities to report ammonia, fine particulates and greenhouse gases (carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride) in addition to pollutants already being reported. The Department is also proposing to change the levels at which sources report hazardous air pollutants based on the toxicity of each pollutant. Additionally, the Department proposes to change the reporting deadline to April following the emission year. The reporting deadline is April 1 of the reporting year. The following definitions have been added or amended in Ch. 100, Definitions: capture efficiency, facility, building, structure, or installation, North American Industry Class, Predictive Emission Monitoring Systems (PEMS), and Standard Industrial Classification (SIC) Code. Copies of these rules are available upon request by contacting the Agency contact person listed below or on the DEP website at www.maine.gov/dep/air/regulations/proposed.htm.
Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the public hearing and be provided an opportunity for comment. Any party interested in providing public comment can testify at the public hearing or provide written comments before the end of the comment period. All comments should be sent to the Agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 585-A, 585-C and 575
PUBLIC HEARING: April 15, 2004, 1:30 p.m., Holiday Inn/Ground Round, Augusta, Maine
DEADLINE FOR COMMENTS: April 26, 2004, 5:00 p.m.
AGENCY CONTACT PERSON: Carolyn Wheeler
AGENCY NAME: Bureau of Air Quality Control, Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2437


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT:
Ch. 332, MaineCare Eligibility Manual: 2004 Federal Poverty Levels
Ch. 333, Low Cost Drug: 2004 Federal Poverty Levels
Ch. 334, Maine Rx Plus: 2004 Federal Poverty Levels
PROPOSED RULE NUMBER: 2004-P77
CONCISE SUMMARY: This rule puts into effect the 2004 Federal Poverty Level (FPL) guidelines established by the federal government. The FPL's are updated each year by the Federal Department of Health and Human Services. The FPL serves as the income limit for various MaineCare covered groups including children and their parents, elderly and disabled individuals and pregnant women.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: April 24, 2004
AGENCY CONTACT PERSON: Barbara Feltes, MaineCare Program Manager
AGENCY NAME: Department of Human Services
ADDRESS: Bureau of Family Independence, 11 State House Station, 268 Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 05-071 - Department of Education, State Board of Education
RULE TITLE OR SUBJECT: Ch. 13, Qualifying Examinations for Teachers
PROPOSED RULE NUMBER: 2004-P78
CONCISE SUMMARY: This rule amends the existing Ch. 13. The rule revisions will become effective September 1, 2004. The rule includes the qualifying examinations required for teachers seeking initial teacher certification. The rule has been amended to provide the qualifying examinations for school administrators seeking initial school administrator certification which have been adopted by the State Board of Education. The rule also eliminates references to tests no longer required for certification and names dates no longer relevant to test administration. The title of the rule has been amended to include reference to administrators.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: April 14, 2004, 3:00 - 4:00 p.m., Cross State Office Building, ATM Room 103, and at the following remote ATM sites: Presque Isle High School, Bangor Public Library, and Falmouth High School
DEADLINE FOR COMMENTS: May 7, 2004
AGENCY CONTACT PERSON: Judith Malcolm
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6842


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 3, Certificate of Approval Process for Loring Development Authority Projects
PROPOSED RULE NUMBER: 2004-P79
CONCISE SUMMARY: This rule establishes the procedures, standards and fees applicable to the Authority's determination regarding the issuance of a Certificate of Approval for bonds to be issued by the Loring Development Authority.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 969-A(14), 5 MRSA 13080-G(2)(C).
PUBLIC HEARING: April 15, 2004, Dyke Center for Family Business, Husson College, One College Circle, Bangor, ME 04401 at 10:00 a.m.
DEADLINE FOR COMMENTS: Written comments are requested on or before April 15, 2004, but will be accepted on or before April 26, 2004. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, Acting Chief Executive Officer and General Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 607, Amendment 7: Access to Medical Education and Health Professions Loan Programs
PROPOSED RULE NUMBER: 2004-P80
CONCISE SUMMARY: The Rule Amendment (a) increases the maximum Health Professions Loan amount available to recipients participating in the Access Program from $20,000 to $25,000, in recognition of the increasing and extraordinary expense of medical education; and (b) changes the rate of interest to be charged during a period of payment deferment from the then applicable federal Stafford loan rate plus 1.5% to the recipient's actual note rate (for students commencing graduate education on or after January 1, 1993).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 969-A(14), 20-A MRSA 12107
PUBLIC HEARING: 10:30 a.m., April 15, 2004, Dyke Center for Family Business, Husson College, One College Circle, Bangor, ME 04401
DEADLINE FOR COMMENTS: Written comments are requested on or before April 15, 2004, but will be accepted on or before April 26, 2004. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Katryn Gabrielson, Assistant Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095


ADOPTIONS

AGENCY: 04-061 - Department of Conservation, Maine Land Use Regulation Commission
CHAPTER NUMBER AND TITLE:
Ch. 10, Land Use Districts and Standards
Ch. 50, Amendment of Comprehensive Land Use Plan
ADOPTED RULE NUMBER: 2004-82
CONCISE SUMMARY The Commission adopted several changes to Ch. 10 including using building footprint (rather than floor area) as the means for establishing expansion limits for nonconforming structures; clarifying how it will consider disability variances; providing for minor home occupations without a permit; providing for certain trail signs without a permit, setting building height limitations in coastal shoreland areas comparable to other shoreland areas; providing for truck or equipment storage in management districts; expanding the use of handicap waivers to expansion limits for structures; clarifying the criteria for permit expirations; providing for truck/equipment storage and maple sugaring operations in management districts; and increasing the allowable size of sporting camps in certain zones from 8, 000 to 10, 000 square feet consistent with the current definition. Ch. 50 was repealed.
EFFECTIVE DATE: April 1, 2004
AGENCY CONTACT PERSON: Frederick W. Todd
AGENCY NAME: Maine Land Use Regulation Commission, Department of Conservation
ADDRESS: 22 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-4932


AGENCY: 04-061 - Department of Conservation, Maine Land Use Regulation Commission
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards
ADOPTED RULE NUMBER: 2004-83
CONCISE SUMMARY: The Maine Land Use Regulation Commission adopted amendments to its Land Use Districts and Standards in response to L.D. 1198 ("An act to Refine the Subdivision and Redistricting Authority of the Maine Land Use Regulation Commission), enacted during the First Regular Session of the 120th Legislature. As part of this enactment, the Commission was asked to examine its subdivision review process and find mechanisms to reduce processing time, reduce cost, and increase predictability of agency decisions. In response, the Commission adopted changes to its Ch. 10, including adopting a two-tier level of subdivision review to simplify the permitting process for small-scale appropriately located subdivisions; adopting rules for the layout and design of subdivisions; adopting rules to clarify permitting requirements for subdivisions as well as residential and commercial developments; and generating a guidance document to clarify the meaning of the Commission's rezoning criterion of "demonstrated need" and the means by which such need can be judged.
EFFECTIVE DATE: April 1, 2004
AGENCY CONTACT PERSON: Agnieszka A. Pinette
AGENCY NAME: Maine Land Use Regulation Commission
ADDRESS: 22 State House Station, Augusta, ME 04333-0022
TELEPHONE: (207) 287-8786


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 100, Establishment of Renewal Agent Service Fees
ADOPTED RULE NUMBER: 2004-84
CONCISE SUMMARY: The Secretary of State may, in accordance with Tide 29-A, Ch. 3, Subchapter H, Section 202, appoint agents for the sole purpose of issuing renewals of operator's licenses from various non-BMV locations throughout the State and that these agents may charge an applicant fee over the required operator's license fee for each renewal issued. The Secretary of State proposed that any such additional fee be established at an amount up to but not to exceed five dollars ($5.00) for each renewal issued and put forward the matter through the rule making process. As part of rule making public notice, comments were solicited. There were no comments received in response to Secretary of State's public notice of this rule.
EFFECTIVE DATE: March 20, 2004
AGENCY CONTACT PERSON: Paul Potvin
AGENCY NAME: Secretary of State, Bureau of Motor Vehicles
ADDRESS: 101 Hospital St., Augusta, ME 04333
TELEPHONE: (207) 624-9005


AGENCY: 02-380 - Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 10, Regulations Relating to Administration of Intravenous Therapy by Licensed Nurses
ADOPTED RULE NUMBER: 2004-85
CONCISE SUMMARY: This rule change clarifies definition and practice related to peripherally inserted central catheters.
EFFECTIVE DATE: March 23, 2004
AGENCY CONTACT PERSON: Virginia E. deLorimier
AGENCY NAME: Maine State Board of Nursing
ADDRESS: 24 Stone Street, 158 State House Station, Augusta, ME 04333-0158
TELEPHONE: (207) 287-1133


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 104, Section 3, Maine Rx Plus Benefit.
ADOPTED RULE NUMBER: 2004-86
CONCISE SUMMARY: Due to limited access to providers who provide the Maine Rx Plus benefit, many participants currently have to travel long distances to receive the benefit. Lack of access threatens participants of the Maine Rx Plus benefit unless immediate corrective action is taken. The Department has filed these emergency rules in order to be able to negotiate with mail order pharmacies to give Maine Rx Plus participants immediate enhanced access opportunities to the Maine Rx Plus benefit. Since the Department will reimburse at a considerably lower reimbursement rate for this and other Department pharmacy benefits, Maine Rx Plus participants will be able to obtain prescriptions at considerably lower prices than they currently pay at retail pharmacies. Maine Rx Plus participants will receive this benefit when they voluntarily choose to receive their prescriptions through mail order pharmacies in 90-day supplies.
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
EFFECTIVE DATE: March 18 - June 15, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Division of Policy & Provider Services
ADDRESS: #11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


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